Deceptive Sexual Relations: A Theory of Criminal Liability

Gibson, MJR ORCID: 0000-0003-4008-132X (2020) Deceptive Sexual Relations: A Theory of Criminal Liability. Oxford Journal of Legal Studies, 40 (1). pp. 82-109.

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Official URL: http://dx.doi.org/10.1093/ojls/gqz031

Abstract

Many common law jurisdictions criminalise penetrative and non-penetrative deceptive sexual relations. Often, they prohibit that conduct under their principal sexual offences, namely rape, sexual/indecent assault etc. This article challenges that practice via two linked processes: criminalisation and fair labelling, respectively. First, it argues that, whilst deceptive sexual relations (with one exception) are equally harmful to a victim’s right to sexual autonomy as the relations proscribed by the principal sexual offences, they represent a different wrong. Secondly, it contends that this view entails the creation of separate sexual offences targeting penetrative and non-penetrative deceptive sexual relations. This would better signal to the criminal law’s audiences the distinct wrongdoing inherent in these relations. Such labelling becomes critical at the point of conviction given its effects on defendants and other parties.

Item Type:	Article
Uncontrolled Keywords:	sexual autonomy, consent, deception, sexual offences, criminalisation, fair labelling
Depositing User:	Symplectic Admin
Date Deposited:	05 Dec 2019 11:46
Last Modified:	19 Jan 2023 00:16
DOI:	10.1093/ojls/gqz031
Open Access URL:	https://doi.org/10.1093/ojls/gqz031
Related URLs:	Author Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3064943